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MARCERA v. CHINLUND

Nos. 359, 360, Dockets 78-2081, 78-2090.

595 F.2d 1231 (1979)

Joseph MARCERA and John Dillman, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants-Cross-Appellees, v. Stephen CHINLUND, Joseph Wasser and Dorothy Wadsworth, Individually and in their official capacities as members of the New York State Commission of Correction, Defendants-Appellees, and William Lombard, Individually and in his official capacity as Sheriff of Monroe County and on behalf of all other persons similarly situated, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 27, 1979.

Certiorari Granted and Judgment Vacated June 4, 1979.

Attorney(s) appearing for the Case

Ian C. DeWaal, Rochester, N. Y. (Monroe County Legal Assistance Corp., Rochester, N. Y., of counsel), for plaintiffs-appellants-cross-appellees.

Patricia C. Armstrong, Dept. of Law of N. Y., New York City (Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, of counsel), for defendants-appellees Chinlund, Wasser, and Wadsworth.

Joseph C. Pilato, Rochester, N.Y. (John D. Doyle, County Atty., Rochester, N. Y., of counsel), for defendant-appellee-cross-appellant Lombard.

Before KAUFMAN, Chief Judge, and SMITH and VAN GRAAFEILAND, Circuit Judges.

Certiorari Granted and Judgment Vacated June 4, 1979. See 99 S.Ct. 2833.

Certiorari Granted and Judgment Vacated June 4, 1979.

IRVING R. KAUFMAN, Chief Judge:

Recent years have witnessed an explosion of litigation testing the rights of prisoners who have not been convicted of a crime but are merely held in custody to ensure their attendance at trial. A recurrent issue has been the extent to which these pretrial detainees must be permitted "contact...

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